Fleeing and Eluding Police in Illinois

PEORIA LAWYERS WHO PROTECT YOUR INTERESTS, LIVELIHOOD, DRIVING RECORD

 

SERIOUS TRAFFIC OFFENSES THAT COULD PUT YOU IN JAIL. WHAT YOU NEED TO KNOW BEFORE YOU DECIDE TO FLEE OR ELUDE A POLICE OFFICER:

Police-LightsFleeing or Attempting to Elude a Peace Officer (625 ILCS 5/11-204) and
Aggravated Fleeing or Attempting to Elude a Peace Officer (625 ILCS 5/11-204.1)

If you have been arrested for or charged with fleeing and eluding or aggravated fleeing and eluding a police officer, you will need legal representation. Fleeing and eluding a peace officer is a Class A misdemeanor that is punishable by up to 365 days in the county jail and/or up to a fine of $2,500. A conviction will also result in the suspension of your driving privileges by the Illinois Secretary of State’s Office.

Aggravated fleeing and eluding a peace officer is a Class 4 Felony that is punishable by 1 to 3 years in the Illinois Department of Corrections and/or a fine of up to $25,000. A second conviction for Aggravated Fleeing and Eluding a Peace Officer is a Class 3 Felony that is punishable by 2 to 5 years in the Illinois Department of Corrections and/or a fine of up to $25,000. A conviction for aggravated fleeing and eluding a peace officer will result in the mandatory revocation of your driving privileges by the Illinois Secretary of State’s Office. Finally, a conviction for this offense can result in the forfeiture of the vehicle being driven at the time of the offense to the State.

Often, a police officer may charge a person with fleeing and eluding a peace officer if they believe you did not pull over fast enough of they turned on their flashing lights or sirens. They may also allege that you accelerated or attempted to make quick turns onto adjoining streets in an attempt to evade their attempt to pull over your vehicle.

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If a police officer has only written you a ticket for fleeing and eluding, it is only misdemeanor, even if the officer notes on the ticket that the fleeing and eluding was “aggravated”. By law, a felony offense cannot be charged with only the issuance of a uniform traffic ticket. This does not, however, mean that the State’s Attorney can not elevate the charge to a felony at a later time, especially if they believe that there is evidence that you:

1. Fled at a speed in excess of 20 miles per hour;
2. Caused injury to another person;
3. Caused property damage in the amount of $300 or greater;
4. Ran at least 2 stop signs, stop lights or other traffic control devices;
5. Were concealing your license plate; or
6. Have two or more previous convictions for fleeing and eluding a peace officer.

Fleeing and eluding and aggravated fleeing and eluding a peace officer are two of the most serious and potentially damaging traffic offenses you can ever face. Police and prosecutors are especially aggressive in their pursuit of convictions for people they believe are guilty of these offenses because of the danger running from the police poses to other motorists and pedestrians on the roadway. If you have been charged with either of these offenses, contact the attorneys at Hall, Rustom, & Fritz for a consultation on your case.

Below are the precise statutes published in the Illinois Compiled Statutes. If you are cited for either of these violations, email Jeff Hall at jhall@hallrustomfritz.com
(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)

Sec. 11-204. Fleeing or attempting to elude a peace officer.

(a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. The signal given by the peace officer may be by hand, voice, siren, red or blue light. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of Chapter 12.

(b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction.

(c) A third or subsequent violation of this Section is a Class 4 felony.

(Source: P.A. 93-120, eff. 1-1-04.)

(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)

Sec. 11-204.1. Aggravated fleeing or attempting to elude a peace officer.

(a) The offense of aggravated fleeing or attempting to elude a peace officer is committed by any driver or operator of a motor vehicle who flees or attempts to elude a peace officer, after being given a visual or audible signal by a peace officer in the manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude:

(1) is at a rate of speed at least 21 miles per hour over the legal speed limit;
(2) causes bodily injury to an individual;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official traffic control devices; or
(5) involves the concealing or altering of the vehicle’s registration plate.

(b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. Upon notice of such a conviction the Secretary of State shall forthwith revoke the driver’s license of the person so convicted, as provided in Section 6-205 of this Code. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the driver’s license of the person convicted, as provided in Section 6-205 of the Code.

(c) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012.

(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13; 97-1150, eff. 1-25-13.)

If you are charged with Fleeing and Eluding a Peace Officer or Aggravated Fleeing and Eluding a Peace Officer, it is essential for you to contact an experienced traffic attorney to represent you. Attorney Jeff Hall is a former chief traffic prosecutor in Central Illinois and he can assist you. Email Jeff at jhall@hallrustomfritz.com.

To learn more about Illinois laws regarding serious traffic violations and offenses that lead to suspensions or revocations, you can click below:

Illinois Administrative Code: Traffic Suspensions & Revocations

CALL THE LAWYERS AT HALL, RUSTOM & FRITZ LLC TO GET LEGAL REPRESENTATION IF YOU ARE ARRESTED OR CITED FOR ANY OF THE ABOVE VIOLATIONS IN ILLINOIS SO WE CAN PROTECT YOUR INTERESTS.

We’re here to help you in your time of need. Contact us today and schedule a free case evaluation. You will receive experienced, hard-working, no-nonsense, affordable Peoria area traffic & criminal lawyers for your case.

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HALL, RUSTOM & FRITZ LLC, 432 N MAIN ST., EAST PEORIA, IL 61611

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.